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The Indie Game Alliance is a group of independent tabletop designers and publishers. We provide marketing and promotional services to our members, including access to our network of volunteers who can help members with game demonstrations or convention appearances. With these goals in mind, here are the terms and conditions of membership.
In this agreement, the terms "you," "your," and "yours" refer to a member, designer, or publisher and the terms "we," "us," "our," and "ours" refer to Darkened Sky Studios LLC, a Florida Limited Liability Company, doing business as Indie Game Alliance, having its principal place of business at 4250 Alafaya Trail #212-204 Oviedo, FL 32765.
Members and volunteers of the Indie Game Alliance ("IGA") must be at least 18 years old. By accepting the terms of this Membership Agreement and signing up as a Member, you are representing that you meet this age requirement. We do not, under any circumstances, collect personally identifiable information from children under the age of 13. If you believe that a child has provided IGA with personally identifiable information without the consent of his or her parent or guardian, please contact us. If we become aware that a child under age 13 has provided us with personally identifiable information, we will delete such information.
You will be assigned a username and password when you register. Your username will be the email address you list upon registration. You are responsible for maintaining and protecting the confidentiality of this login information. And you are responsible for all activities that occur through your username and password, including use by any third party. You should notify us immediately of any known or suspected unauthorized use of your login information.
When you interact with us, we ask you to supply us with personal information so that we can provide, enhance, and personalize our services and marketing efforts. We use this personal information for various reasons, including to process your registration, orders, and payments, as well as for communication purposes. For example, we may use your email address to send newsletters, messages about new IGA features, event information, special offers, promotional announcements, consumer surveys, game demo reports, and other correspondence and marketing concerning our service. We will share your email address with our third party email provider, mailgun.com, exclusively for the purpose of delivering our emails to all IGA members. If you do not want to receive certain communications from us via email, please click the box indicating that you would like to opt out of such email communication. Except as set forth in this Agreement, we will never sell, rent, or share your personal information with any third parties for marketing purposes without your express permission. If there are any material changes to how we handle personal information, we will send a notice to your email address or temporarily place a prominent notice on our website.
We are serious about your security and use reasonable administrative, technical, physical and managerial measures to protect your personal information from unauthorized access. Unfortunately, we cannot guarantee that any security system is 100% secure. Accordingly, we cannot guarantee the security of your information and cannot assume liability for improper access to it. Thus, you hereby agree to release IGA from any and all liability stemming from the dissemination of your personal information as a result of a breach in security. By using our service, including our website and user interfaces, or providing information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this site.
Active membership in the IGA requires payment via credit card. To process payments, you will provide your billing information to our third party billing provider, Stripe. We do not receive, nor do we store, your billing information in any way.
Membership rates can change at any time and are payable in USD. We will notify you by email and via this site of any rate changes. Once accepted, all membership fees are nonrefundable for any reason, including termination or downgrade of membership.
Any rate discounts that may be established exist at the pleasure of IGA. IGA may, at any time and for any reason, rescind established discounts with members.
The terms of paid membership will be on a monthly basis, three month basis, or an annual basis, expiring on the anniversary date from the date of acceptance. All paid membership subscriptions are automatically renewed upon the terms set forth below, unless your membership subscription is cancelled or terminated. Failure to make a timely renewal payment will result in suspension or termination of your paid membership and accompanying benefits.
During your membership term, you grant the IGA a personal, non-exclusive, royalty-free license to use or display your name, company name, logo, website information, games, game descriptions, game art and assets, product information, social media posts, likenesses, photos, images, illustrations, audio or video files, or other promotional material related to your company or products (the "Member Content") to promote your company, game, products, or services, as well as to promote IGA itself. This license ends 30 days after your membership in the IGA is terminated or you otherwise notify us, in writing, that you revoke your permission. Also, during your membership term, you may for any reason revoke permission for specific Member Content, such as a particular game, by giving us written notice. IGA will have 30 days to remove such data from its websites, printed materials, etc. IGA may, at its discretion, retain historical social media posts that mention or include photographs of Member Content.
Upon joining the IGA, you warrant that you are not infringing upon the rights of any other intellectual property owners. You warrant that IGA's use of your property in accordance with the terms and conditions above will not infringe the intellectual property rights of any third party. You promise to indemnify, defend and hold harmless the IGA and its volunteers from and against any loss, damage, costs, liability and expenses (including reasonable attorneys' fees) arising from or out of any third-party action or claim that use of your material in accordance with the above terms and conditions infringes the intellectual property rights of such third party.
During your membership term, we grant you a personal, non-exclusive, royalty-free, non-transferable, and non-assignable license to use and display the IGA name, logo, graphical material, graphics for awards which you have been given by IGA, social media posts, or any IGA generated material that you may download from this site, including any images, illustrations, or audio or video files (the "IGA Content") to promote your game or product. This does not include, however, any content provided by other members of the IGA. You acknowledge and agree that you may not sublicense, assign, or otherwise transfer this license or the IGA Content and that no title to the IGA Content has been or will be transferred to you from IGA or anyone else. This license ends when your membership in the IGA ends or is cancelled. Further, we reserve the right to revoke this license at any time, for any reason, and at our sole discretion. Finally, you may not use our materials on sites that feature defamatory, pornographic, or inflammatory content, including, but not limited to, content that the IGA find objectionable or unlawful.
We will use our best efforts to promote your games. That said, nothing contained in this Agreement creates an express or implied obligation for us to market or promote your game at a specific time or place, or in a specific manner. When we promote your game, we do so voluntarily and at our own discretion. And we reserve the right to refuse to promote any product or company at any time or for any reason. Also, you acknowledge that the IGA, at times, may promote products or services that compete, directly or indirectly, with your products or business. Finally, except as set forth herein, IGA will not be restricted in any way from disclosing and promoting your games.
Membership in the IGA may be canceled by either party at any time and for any reason, without cause for the party's convenience, upon 30 days' notice to the other party. IGA will provide notice of cancellation to the current email address associated with your account. If you wish to cancel your membership, you may do so though our website; by email at firstname.lastname@example.org; or by telephone at (888) 456-6282, or by regular mail to 4250 Alafaya Trail Suite 212-204 Oviedo, FL 32765. If you decide to cancel your paid subscription, to avoid automatic renewal, your cancellation request must be received by no later than 5:00 p.m. Eastern Time [on the business before your scheduled renewal payment date].
Our forums and social media groups are restricted to our members. It is expected that all users, regardless of age, will act in a mature and respectful fashion. Each member is responsible for only his or her own posts. If another member breaks rules, you may ignore them or report the problem to the moderators, but you may not use it as an excuse to break rules yourself. Volunteer moderators help us manage the forums and enforce the forum rules. The moderators cannot read every message, so they rely on members to report problem posts that they encounter. The point of moderation is not to limit discussion, to promote or suppress points of view, or to further any other secret agenda. The goal of moderation is to keep the forums enjoyable and free from problems that detract from the experiences of our users. The following offenses can result in temporary forum suspensions or permanent bans: (a) personal insults; (b) harassment; (c) posting someone's personal information without their consent, or "doxxing"; (d) threats; or (e) posting obscene, racist, vulgar, sexually-oriented, deceitful, hateful, threatening, or otherwise illegal material.
In no event will we be liable for any incidental damages, consequential damages, special damages, punitive, statutory, indirect damages, loss of profits, loss of revenues, or loss of use, even if informed about the possibility of such damages. Our liability in any case for damages arising out of or related to this Agreement cannot exceed the amount you have paid to us under this Agreement. To the extent permitted by applicable law, these limitations and exclusions will apply regardless of whether liability arises from breach of contract, warranty, tort (including negligence), by operation of law, or otherwise. Finally, we are not liable for the actions or inactions of IGA volunteers.
You will hold IGA and its officers, directors, agents, employees, and volunteers harmless from liability resulting from infringement or your membership within IGA.
We reserve the right, in our sole discretion and at any time, to make changes to this Membership Agreement and our other policies concerning the use of this site. We also reserve the right, in our sole discretion and at any time, to waive or modify any of the terms of this Membership Agreement as they apply to a specific item of a specific Member, without affecting the application of these terms to any other Members. Changes will be effective when made and the updated Membership Agreement (or applicable policy) is posted on the site. We reserve and retain all rights and remedies provided by law or equity to redress any violation of this Membership Agreement.
You may not assign this Agreement without our prior written consent.
Florida law applies to this Agreement without regard to any choice-of-law rules that might direct the application of the laws of any other jurisdiction.
If any part of this Agreement is for any reason held to be unenforceable, the rest of it remains fully enforceable.
This Agreement constitutes the sole agreement between the parties with respect to its subject matter. It supersedes any prior written or oral agreements or communications between the parties. Your use of, or access to, this site constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.
You acknowledge that you have read and understand these terms and conditions and will be bound by them. Further, if you are executing this Agreement on behalf of an entity seeking membership, you warrant that you have all requisite signing authority for and on behalf of that entity.
This Agreement is effective and was last updated October 12, 2015.